130th Ohio General Assembly
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As Introduced

123rd General Assembly
Regular Session
1999-2000
S. B. No. 141

SENATOR MUMPER


A BILL
To amend sections 1521.01, 5516.061, 6111.03, 6111.04, and 6111.44 and to enact sections 307.203, 903.01 to 903.15, 903.99, and 1521.19 of the Revised Code to transfer authority to issue permits for the construction of new or modification of existing concentrated animal feeding operations from the Director of Environmental Protection to the Director of Agriculture, to provide for the regulation of concentrated animal feeding operations, and to make an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:


Section 1. That sections 1521.01, 5516.061, 6111.03, 6111.04, and 6111.44 be amended and sections 307.203, 903.01, 903.02, 903.03, 903.04, 903.05, 903.06, 903.07, 903.08, 903.09, 903.10, 903.11, 903.12, 903.13, 903.14, 903.15, 903.99, and 1521.19 of the Revised Code be enacted to read as follows:

Sec. 307.203. (A) AS USED IN THIS SECTION, "ANIMAL UNIT," "CONCENTRATED ANIMAL FEEDING OPERATION," AND "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 903.01 of the Revised Code.

(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL MEET WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AND THE BOARD OF TRUSTEES OF THE TOWNSHIP IN WHICH A PROPOSED NEW OR EXPANDED MAJOR CONCENTRATED ANIMAL FEEDING OPERATION IS OR IS TO BE LOCATED:

(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING OPERATION;

(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING MAJOR CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION (J) OF SECTION 6111.03 of the Revised Code, AS APPLICABLE;

(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION (J) OF SECTION 6111.03 of the Revised Code, AS APPLICABLE, AND TO A DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS.

THE MEETING SHALL OCCUR BEFORE THE APPLICANT FILES THE APPLICATION FOR A PERMIT FOR THE CONSTRUCTION OR MODIFICATION OF THE OPERATION UNDER SECTION 903.02 of the Revised Code. THE MEETING WITH THE BOARD OF COUNTY COMMISSIONERS MAY BE CONDUCTED SEPARATELY FROM THE MEETING WITH THE BOARD OF TOWNSHIP TRUSTEES. AT THE MEETING, THE BOARDS AND THE PERSON SHALL DISCUSS THE POTENTIAL IMPACT OF THE PROPOSED NEW OR EXPANDED OPERATION ON COUNTY AND TOWNSHIP ROADS WITHIN THE COUNTY. THE BOARDS SHALL PREPARE A WRITTEN, DATED STATEMENT IN DUPLICATE CERTIFYING THAT THE MEETING AND DISCUSSION TOOK PLACE AND MAY ADD ANY COMMENTS TO THE STATEMENT THAT THE BOARDS CONSIDER APPROPRIATE. THE BOARDS SHALL PROVIDE THE PERSON WITH THE ORIGINAL OF THE STATEMENT SO THAT IT CAN BE INCLUDED WITH THE PERMIT APPLICATION AND SHALL RETAIN THE COPY IN THE BOARDS' RECORDS.

Sec. 903.01. AS USED IN THIS CHAPTER:

(A) "ANIMAL UNIT" MEANS A UNIT OF MEASUREMENT CALCULATED BY ADDING THE FOLLOWING NUMBERS:

(1) THE NUMBER OF SLAUGHTER AND FEEDER CATTLE MULTIPLIED BY ONE;

(2) THE NUMBER OF MATURE DAIRY CATTLE WHETHER MILKED OR DRY MULTIPLIED BY ONE AND FOUR-TENTHS;

(3) THE NUMBER OF SWINE EACH WEIGHING OVER FIFTY-FIVE POUNDS MULTIPLIED BY FOUR-TENTHS;

(4) THE NUMBER OF HORSES MULTIPLIED BY TWO;

(5) THE NUMBER OF SHEEP OR LAMBS MULTIPLIED BY ONE-TENTH;

(6) THE NUMBER OF TURKEYS MULTIPLIED BY TWO-HUNDREDTHS;

(7) THE NUMBER OF LAYING HENS OR BROILERS MULTIPLIED BY ONE-HUNDREDTH;

(8) THE NUMBER OF DUCKS MULTIPLIED BY TWO-TENTHS.

(B) "CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A SITE, TRACT OF LAND, BUILDING, OR STRUCTURE TO WHICH ALL OF THE FOLLOWING APPLY:

(1) ANIMALS, OTHER THAN AQUATIC ANIMALS, HAVE BEEN, ARE, OR WILL BE STABLED OR CONFINED, AND FED OR MAINTAINED, THERE FOR A TOTAL OF FORTY-FIVE DAYS OR MORE DURING ANY TWELVE-MONTH PERIOD.

(2) CROPS, VEGETATIVE FORAGE GROWTH, OR POST-HARVEST RESIDUES ARE NOT SUSTAINED IN THE NORMAL GROWING SEASON ON ANY PORTION OF THE SITE OR TRACT OF LAND ON WHICH ARE LOCATED BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED.

(3) BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED ON THE SITE OR TRACT OF LAND, TOGETHER WITH BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED ON ADJOINING SITES OR TRACTS OF LAND OR ON SITES OR TRACTS OF LAND WITH WHICH IS SHARED A COMMON WASTE DISPOSAL SYSTEM, HAVE A TOTAL DESIGN CAPACITY OF MORE THAN ONE THOUSAND ANIMAL UNITS.

(C) "FEDERAL WATER POLLUTION CONTROL ACT" MEANS THE "FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972," 86 STAT. 816, 33 U.S.C. 1251 ET. SEQ., AS AMENDED, AND REGULATIONS ADOPTED UNDER IT.

(D) "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS.

(E) "MANURE" MEANS ANIMAL EXCRETA, DISCARDED PRODUCTS, BEDDING, WASH WATERS, WASTE FEED, SILAGE DRAINAGE, AND COMPOST PRODUCTS RESULTING FROM MORTALITY COMPOSTING OR THE COMPOSTING OF ANIMAL EXCRETA.

(F) "MANURE STORAGE OR TREATMENT FACILITY" MEANS ANY EXCAVATED, DIKED, OR WALLED STRUCTURE OR COMBINATION OF STRUCTURES DESIGNED FOR THE BIOLOGICAL STABILIZATION, HOLDING, OR STORAGE OF MANURE.

(G) "MORTALITY COMPOSTING" MEANS THE CONTROLLED DECOMPOSITION OF ORGANIC SOLID MATERIAL CONSISTING OF DEAD ANIMALS THAT STABILIZES THE ORGANIC FRACTION OF THE MATERIAL.

Sec. 903.02. (A) AS USED IN THIS SECTION:

(1) "BEST MANAGEMENT PRACTICES" MEANS BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES.

(2) "OPERATION" MEANS A PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION.

(3) "PERMIT" MEANS AN INITIAL PERMIT OR PERMIT MODIFICATION ISSUED UNDER THIS SECTION UNLESS OTHERWISE INDICATED.

(B) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL MODIFY AN EXISTING OR CONSTRUCT A NEW CONCENTRATED ANIMAL FEEDING OPERATION WITHOUT OBTAINING A PERMIT ISSUED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION.

(C) THE DIRECTOR OR THE DIRECTOR'S DESIGNEE MAY HELP AN APPLICANT FOR A PERMIT DURING THE PERMITTING PROCESS BY PROVIDING GUIDANCE AND TECHNICAL ASSISTANCE.

(D) AN APPLICANT FOR AN INITIAL PERMIT SHALL SUBMIT AN APPLICATION TO THE DIRECTOR ON A FORM THAT THE DIRECTOR PRESCRIBES AND PROVIDES, TOGETHER WITH A FEE IN AN AMOUNT ESTABLISHED BY RULE. THE APPLICANT SHALL INCLUDE WITH THE APPLICATION ALL OF THE FOLLOWING INFORMATION:

(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL PARTNERS IF THE APPLICANT IS A PARTNERSHIP OR OF ALL OFFICERS AND DIRECTORS IF THE APPLICANT IS A CORPORATION, AND OF ANY OTHER PERSON WHO HAS A RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT OF THE APPLICANT OR THE SELECTION OF OFFICERS, DIRECTORS, OR MANAGERS OF THE APPLICANT;

(2) THE TYPE OF LIVESTOCK AND THE NUMBER OF ANIMAL UNITS THAT THE OPERATION WOULD HAVE THE DESIGN CAPACITY TO RAISE OR MAINTAIN;

(3) DESIGN AND ENGINEERING PLANS FOR THE PROPOSED CONSTRUCTION OF THE OPERATION THAT INCLUDE THE PROPOSED LOCATION OF THE CONSTRUCTION, DESIGN AND ENGINEERING CONSTRUCTION PLANS AND SPECIFICATIONS, ANTICIPATED BEGINNING AND ENDING DATES FOR WORK PERFORMED, AND ANY OTHER INFORMATION THAT THE DIRECTOR REQUIRES BY RULE;

(4) A MANURE MANAGEMENT PLAN FOR THE OPERATION THAT CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE HANDLING, STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE GENERATED AT THE OPERATION AND THAT CONTAINS ANY OTHER INFORMATION REQUIRED BY RULE;

(5) AN INSECT AND RODENT CONTROL PLAN FOR THE OPERATION PREPARED IN ACCORDANCE WITH SECTION 903.08 OF THE REVISED CODE;

(6) INFORMATION CONCERNING THE APPLICANT'S PAST COMPLIANCE WITH THE FEDERAL WATER POLLUTION CONTROL ACT REQUIRED TO BE PROVIDED UNDER SECTION 903.03 OF THE REVISED CODE, IF APPLICABLE;

(7) IN THE CASE OF AN APPLICATION FOR AN OPERATION THAT WOULD HAVE A TOTAL DESIGN CAPACITY TO RAISE OR MAINTAIN MORE THAN TEN THOUSAND ANIMAL UNITS, WRITTEN PROOF THAT THE PERSON WHO WOULD BE RESPONSIBLE FOR THE SUPERVISION OF THE MANAGEMENT AND HANDLING OF MANURE AT THE OPERATION HAS BEEN ISSUED A LIVESTOCK MANAGER CERTIFICATION IN ACCORDANCE WITH SECTION 903.06 OF THE REVISED CODE;

(8) IN THE CASE OF AN APPLICATION FOR AN OPERATION THAT MEETS THE CRITERIA ESTABLISHED IN SECTION 307.203 OF THE REVISED CODE, A WRITTEN STATEMENT FROM THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AND THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH THE OPERATION WOULD BE LOCATED CERTIFYING THAT, IN ACCORDANCE WITH THAT SECTION, THE APPLICANT HAS MET AND DISCUSSED WITH THE BOARDS THE POTENTIAL IMPACT OF THE NEW OR EXPANDED OPERATION ON COUNTY AND TOWNSHIP ROADS WITHIN THE COUNTY;

(9) ANY OTHER INFORMATION REQUIRED BY RULE.

INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR A PERMIT MODIFICATION, TOGETHER WITH THE APPLICABLE FEE AMOUNT, SHALL BE ESTABLISHED IN RULES.

(E) NOT LATER THAN NINETY DAYS AFTER RECEIVING A PERMIT APPLICATION, THE DIRECTOR SHALL ISSUE OR DENY THE PERMIT. IF THE PERMIT IS DENIED, THE DIRECTOR SHALL NOTIFY THE APPLICANT IN WRITING OF THE REASON FOR THE DENIAL.

THE DIRECTOR SHALL DENY A PERMIT IF ANY OF THE FOLLOWING APPLIES:

(1) THE PERMIT APPLICATION CONTAINS INCOMPLETE, MISLEADING, OR FALSE INFORMATION.

(2) THE DESIGN AND ENGINEERING PLANS, MANURE MANAGEMENT PLAN, OR INSECT AND RODENT CONTROL PLAN FAILS TO CONFORM TO BEST MANAGEMENT PRACTICES.

(3) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE CHIEF OF THE DIVISION OF WATER IN THE DEPARTMENT OF NATURAL RESOURCES HAS NOT APPROVED A HYDROGEOLOGIC REPORT FOR THE OPERATION IN ACCORDANCE WITH SECTION 1521.19 OF THE REVISED CODE, IF APPLICABLE.

ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT SHALL BE THOSE ESTABLISHED IN THIS CHAPTER AND RULES.

(F) THE DIRECTOR MAY SUSPEND OR REVOKE A PERMIT IN ACCORDANCE WITH RULES.

(G) UPON ISSUING A PERMIT FOR AN OPERATION, THE DIRECTOR OF AGRICULTURE PROMPTLY SHALL NOTIFY THE DIRECTOR OF ENVIRONMENTAL PROTECTION OF THE ISSUANCE. UPON REQUEST BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION, THE DIRECTOR OF AGRICULTURE SHALL FORWARD TO THE DIRECTOR OF ENVIRONMENTAL PROTECTION ALL OR PART OF THE INFORMATION CONTAINED IN THE PERMIT APPLICATION SO THAT THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY DETERMINE IF THE OPERATION ALSO REQUIRES A PERMIT UNDER SECTION 6111.03 OF THE REVISED CODE FOR THE DISCHARGE OF WASTE INTO THE WATERS OF THIS STATE OR UNDER SECTION 6111.035 OF THE REVISED CODE FOR THE DISCHARGE OF STORM WATER.

(H) WHEN OWNERSHIP OF AN OPERATION FOR WHICH A PERMIT HAS BEEN ISSUED UNDER THIS SECTION OR AN INSTALLATION PERMIT HAS BEEN ISSUED UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE IS TRANSFERRED, THE PERMIT OR INSTALLATION PERMIT IS TRANSFERABLE TO THE NEW OWNER OF THE OPERATION. THE NEW OWNER IS NOT REQUIRED TO APPLY FOR A PERMIT SOLELY BECAUSE OWNERSHIP OF THE OPERATION HAS BEEN TRANSFERRED.

Sec. 903.03. (A) EACH APPLICATION FOR A PERMIT ISSUED UNDER SECTION 903.02 OF THE REVISED CODE THAT IS SUBMITTED BY AN APPLICANT WHO HAS NOT OPERATED A CONCENTRATED ANIMAL FEEDING OPERATION IN THIS STATE FOR AT LEAST TWO OF THE FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION SHALL BE ACCOMPANIED BY ALL OF THE FOLLOWING:

(1) A LISTING OF ALL CONCENTRATED ANIMAL FEEDING OPERATIONS THAT THE OWNER OR OPERATOR OF THE PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION HAS OPERATED OR IS OPERATING IN THIS STATE;

(2) A LISTING OF THE CONCENTRATED ANIMAL FEEDING OPERATIONS THAT THE OWNER OR OPERATOR HAS OPERATED OR IS OPERATING ELSEWHERE IN THE UNITED STATES AND THAT ARE ARE REGULATED UNDER THE FEDERAL WATER POLLUTION CONTROL ACT;

(3) A LISTING OF ALL ADMINISTRATIVE ENFORCEMENT ORDERS ISSUED TO THE OWNER OR OPERATOR, ALL CIVIL ACTIONS IN WHICH THE OWNER OR OPERATOR WAS DETERMINED BY THE TRIER OF FACT TO BE LIABLE IN DAMAGES OR WAS THE SUBJECT OF INJUNCTIVE RELIEF OR ANOTHER TYPE OF CIVIL RELIEF, AND ALL CRIMINAL ACTIONS IN WHICH THE OWNER OR OPERATOR PLEADED GUILTY OR WAS CONVICTED, DURING THE FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION, IN CONNECTION WITH ANY VIOLATION OF THE FEDERAL WATER POLLUTION CONTROL ACT THAT WAS ALLEGED TO HAVE OCCURRED OR TO BE OCCURRING AT ANY CONCENTRATED ANIMAL FEEDING OPERATION THAT THE OWNER OR OPERATOR HAS OPERATED OR IS OPERATING IN THE UNITED STATES.

THE LISTS OF CONCENTRATED ANIMAL FEEDING OPERATIONS OPERATED BY THE OWNER OR OPERATOR WITHIN OR OUTSIDE THIS STATE SHALL INCLUDE, RESPECTIVELY, ALL SUCH OPERATIONS OPERATED BY THE OWNER OR OPERATOR DURING THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION.

(B) IF THE APPLICANT FOR A PERMIT HAS BEEN INVOLVED IN ANY PRIOR ACTIVITY INVOLVING THE OPERATION OF A CONCENTRATED ANIMAL FEEDING OPERATION, THE DIRECTOR OF AGRICULTURE MAY DENY THE APPLICATION IF THE DIRECTOR FINDS FROM THE APPLICATION, THE INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3) OF THIS SECTION, PERTINENT INFORMATION SUBMITTED TO THE DIRECTOR, AND OTHER PERTINENT INFORMATION OBTAINED BY THE DIRECTOR AT THE DIRECTOR'S DISCRETION, THAT THE APPLICANT AND PERSONS ASSOCIATED WITH THE APPLICANT, IN THE OPERATION OF CONCENTRATED ANIMAL FEEDING OPERATIONS, HAVE A HISTORY OF SUBSTANTIAL NONCOMPLIANCE WITH THE FEDERAL WATER POLLUTION CONTROL ACT THAT INDICATES THAT THE APPLICANT LACKS SUFFICIENT RELIABILITY, EXPERTISE, AND COMPETENCE TO OPERATE THE PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION IN SUBSTANTIAL COMPLIANCE WITH THIS CHAPTER, CHAPTER 6111. OF THE REVISED CODE, AND RULES ADOPTED UNDER THEM.

Sec. 903.04. THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO ALL OF THE FOLLOWING:

(A) ESTABLISH ALL OF THE FOLLOWING CONCERNING LIVESTOCK MANAGER CERTIFICATION REQUIRED UNDER SECTION 903.06 OF THE REVISED CODE:

(1) THE INFORMATION TO BE INCLUDED IN AN APPLICATION FOR A LIVESTOCK MANAGER CERTIFICATION AND THE AMOUNT OF THE APPLICATION FEE;

(2) THE CONTENT OF THE TRAINING REQUIRED TO BE COMPLETED AND OF THE EXAMINATION REQUIRED TO BE PASSED BY AN APPLICANT FOR A LIVESTOCK MANAGER CERTIFICATION. THE TRAINING SHALL INCLUDE AND THE EXAMINATION SHALL TEST THE APPLICANT'S KNOWLEDGE OF INFORMATION ON TOPICS THAT INCLUDE, WITHOUT LIMITATION, CALCULATING NUTRIENT VALUES IN MANURE, DEVISING AND IMPLEMENTING A PLAN FOR THE LAND APPLICATION OF MANURE, REMOVING MANURE HELD IN A MANURE STORAGE OR TREATMENT FACILITY, AND FOLLOWING BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES FOR DISPOSAL OF DEAD ANIMALS AND MANURE MANAGEMENT, INCLUDING PRACTICES THAT CONTROL ODOR AND PROTECT THE ENVIRONMENT. THE DIRECTOR MAY SPECIFY OTHER TYPES OF RECOGNIZED TRAINING PROGRAMS THAT, IF COMPLETED, ARE CONSIDERED TO SATISFY THE TRAINING AND EXAMINATION REQUIREMENT.

(3) CRITERIA AND PROCEDURES FOR THE DENIAL, SUSPENSION, REVOCATION, OR REINSTATEMENT OF A LIVESTOCK MANAGER CERTIFICATION;

(4) THE LENGTH OF TIME DURING WHICH LIVESTOCK MANAGER CERTIFICATIONS WILL BE VALID AND PROCEDURES FOR THEIR RENEWAL;

(5) THE VOLUME OF MANURE THAT MUST BE TRANSPORTED, BOUGHT, OR SOLD ANNUALLY BY A PERSON IN ORDER FOR THE PERSON TO BE REQUIRED TO OBTAIN A LIVESTOCK MANAGER CERTIFICATION UNDER DIVISION (A)(2) OF SECTION 903.06 OF THE REVISED CODE;

(6) ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND ENFORCE SECTION 903.06 OF THE REVISED CODE.

(B) ESTABLISH ALL OF THE FOLLOWING CONCERNING INSECT AND RODENT CONTROL PLANS REQUIRED UNDER SECTION 903.08 OF THE REVISED CODE:

(1) THE INFORMATION TO BE INCLUDED IN AN INSECT AND RODENT CONTROL PLAN;

(2) CRITERIA FOR APPROVING, DISAPPROVING, OR REQUIRING MODIFICATION OF AN INSECT AND RODENT CONTROL PLAN;

(3) CRITERIA FOR DETERMINING COMPLIANCE WITH OR VIOLATION OF AN INSECT AND RODENT CONTROL PLAN;

(4) PROCEDURES AND STANDARDS FOR MONITORING INSECT AND RODENT CONTROL PLANS;

(5) PROCEDURES AND STANDARDS FOR ENFORCING INSECT AND RODENT CONTROL PLANS AT CONCENTRATED ANIMAL FEEDING OPERATIONS AT WHICH INSECTS OR RODENTS CONSTITUTE A NUISANCE OR ADVERSELY AFFECT PUBLIC HEALTH;

(6) THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF AN INSECT AND RODENT CONTROL PLAN ASSESSED UNDER SECTION 903.13 OF THE REVISED CODE, PROVIDED THAT THE RULES ADOPTED UNDER DIVISION (B)(6) OF THIS SECTION SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN FIVE THOUSAND DOLLARS FOR A VIOLATION INVOLVING A CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN CAPACITY OF TEN THOUSAND OR FEWER ANIMAL UNITS AND SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR A VIOLATION INVOLVING A MAJOR CONCENTRATED ANIMAL FEEDING OPERATION.

(C) ESTABLISH ALL OF THE FOLLOWING CONCERNING PERMITS ISSUED UNDER SECTION 903.02 OF THE REVISED CODE:

(1) A DESCRIPTION OF WHAT CONSTITUTES A MODIFICATION OF A CONCENTRATED ANIMAL FEEDING OPERATION;

(2) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH AN INITIAL PERMIT APPLICATION AND AN APPLICATION FOR A PERMIT MODIFICATION;

(3) INFORMATION THAT MUST BE INCLUDED IN DESIGN AND ENGINEERING PLANS REQUIRED TO BE SUBMITTED WITH THE PERMIT APPLICATION AND CRITERIA FOR APPROVING, DISAPPROVING, OR REQUIRING MODIFICATION OF THE PLANS;

(4) INFORMATION THAT MUST BE INCLUDED IN A MANURE MANAGEMENT PLAN REQUIRED TO BE SUBMITTED WITH A PERMIT APPLICATION;

(5) INFORMATION THAT MUST BE INCLUDED IN AN APPLICATION FOR THE MODIFICATION OF A PERMIT THAT INITIALLY WAS ISSUED UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE FOR THE INSTALLATION OF A DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL FEEDING OPERATION AND OF A PERMIT THAT INITIALLY WAS ISSUED UNDER SECTION 903.02 OF THE REVISED CODE;

(6) ANY ADDITIONAL INFORMATION THAT MUST BE INCLUDED WITH A PERMIT APPLICATION;

(7) GROUNDS FOR THE DENIAL, SUSPENSION, OR REVOCATION OF A PERMIT IN ADDITION TO THE GROUNDS ESTABLISHED IN DIVISION (E) OF SECTION 903.02 OF THE REVISED CODE.

(D) ESTABLISH BEST MANAGEMENT PRACTICES GOVERNING ALL OF THE FOLLOWING ACTIVITIES THAT OCCUR AT A CONCENTRATED ANIMAL FEEDING OPERATION:

(1) MANURE MANAGEMENT, INCLUDING, WITHOUT LIMITATION, THE STORAGE, HANDLING, TRANSPORTATION, AND LAND APPLICATION OF MANURE, TOGETHER WITH METHODS FOR MINIMIZING ODORS, INSECTS, AND RODENTS ASSOCIATED WITH MANURE;

(2) DISPOSAL OF DEAD LIVESTOCK;

(3) ANY OTHER ACTIVITY THAT THE DIRECTOR CONSIDERS APPROPRIATE.

BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION SHALL NOT CONFLICT WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES THAT HAVE BEEN ADOPTED UNDER ANY OTHER SECTION OF THE REVISED CODE AND THAT ARE IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.

(E) ESTABLISH THE AMOUNT OF CIVIL PENALTIES ASSESSED UNDER SECTION 903.15 of the Revised Code FOR VIOLATION OF THE TERMS OF A PERMIT;

(F) ESTABLISH ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND ENFORCE THIS CHAPTER.

Sec. 903.05. THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY ENTER UPON ANY PUBLIC OR PRIVATE PROPERTY, REAL OR PERSONAL, TO MAKE INVESTIGATIONS AND INSPECTIONS OR TO OTHERWISE DISCHARGE DUTIES NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. IF REFUSED ENTRY, THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE MAY APPLY FOR AND THE COURT OF COMMON PLEAS HAVING JURISDICTION MAY ISSUE AN APPROPRIATE WARRANT.

Sec. 903.06. (A) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, BOTH OF THE FOLLOWING APPLY:

(1) THE MANAGEMENT AND HANDLING OF MANURE AT A MAJOR CONCENTRATED ANIMAL FEEDING OPERATION, INCLUDING, WITHOUT LIMITATION, THE LAND APPLICATION OF MANURE OR THE REMOVAL OF MANURE FROM A MANURE STORAGE OR TREATMENT FACILITY, SHALL BE CONDUCTED ONLY BY OR UNDER THE SUPERVISION OF A PERSON HOLDING A VALID LIVESTOCK MANAGER CERTIFICATION ISSUED UNDER THIS SECTION. A PERSON MANAGING OR HANDLING MANURE WHO IS ACTING UNDER THE INSTRUCTIONS AND CONTROL OF A PERSON HOLDING A VALID LIVESTOCK MANAGER CERTIFICATION IS CONSIDERED TO BE UNDER THE SUPERVISION OF THE CERTIFICATE HOLDER IF THE CERTIFICATE HOLDER IS RESPONSIBLE FOR THE ACTIONS OF THE PERSON AND IS AVAILABLE WHEN NEEDED EVEN THOUGH THE CERTIFICATE HOLDER IS NOT PHYSICALLY PRESENT AT THE TIME OF THE MANURE MANAGEMENT OR HANDLING.

(2) NO PERSON SHALL TRANSPORT, BUY, OR SELL ANNUALLY THE VOLUME OF MANURE ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER DIVISION (A)(5) OF SECTION 903.04 OF THE REVISED CODE UNLESS THE PERSON HOLDS A VALID LIVESTOCK MANAGER CERTIFICATION ISSUED UNDER THIS SECTION.

(B) THE DIRECTOR SHALL ISSUE A LIVESTOCK MANAGER CERTIFICATION TO A PERSON WHO HAS SUBMITTED A COMPLETE APPLICATION FOR CERTIFICATION ON A FORM PRESCRIBED AND PROVIDED BY THE DIRECTOR, TOGETHER WITH THE APPROPRIATE APPLICATION FEE, AND WHO HAS COMPLETED SUCCESSFULLY THE REQUIRED TRAINING AND HAS PASSED THE REQUIRED EXAMINATION. THE DIRECTOR MAY SUSPEND OR REVOKE A LIVESTOCK MANAGER CERTIFICATION AND MAY REINSTATE A SUSPENDED OR REVOKED LIVESTOCK MANAGER CERTIFICATION IN ACCORDANCE WITH RULES.

(C) INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR A LIVESTOCK MANAGER CERTIFICATION, THE AMOUNT OF THE APPLICATION FEE, AND REQUIREMENTS REGARDING TRAINING AND THE EXAMINATION SHALL BE ESTABLISHED IN RULES.

Sec. 903.07. THE DIRECTOR OF AGRICULTURE MAY ENTER INTO CONTRACTS OR AGREEMENTS TO CARRY OUT THE PURPOSES OF THIS CHAPTER WITH ANY PERSON, GOVERNMENTAL AGENCY, OR PUBLIC OR PRIVATE ORGANIZATION, INCLUDING, WITHOUT LIMITATION, THE OHIO STATE UNIVERSITY EXTENSION SERVICE, THE NATURAL RESOURCES CONSERVATION SERVICE IN THE UNITED STATES DEPARTMENT OF AGRICULTURE, THE DIVISION OF SOIL AND WATER CONSERVATION IN THE DEPARTMENT OF NATURAL RESOURCES, AND SOIL AND WATER CONSERVATION DISTRICTS ESTABLISHED UNDER CHAPTER 1515. OF THE REVISED CODE.

Sec. 903.08. (A) AS USED IN THIS SECTION:

(1) "OPERATION" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION.

(2) "OWNER" INCLUDES AN OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION.

(3) "PLAN" MEANS AN INSECT AND RODENT CONTROL PLAN PREPARED UNDER THIS SECTION.

(B) AN OWNER OF A CONCENTRATED ANIMAL FEEDING OPERATION SHALL PREPARE AND SUBMIT TO THE DIRECTOR OF AGRICULTURE IN ACCORDANCE WITH RULES AN INSECT AND RODENT CONTROL PLAN DESIGNED TO MINIMIZE THE PRESENCE AND NEGATIVE EFFECTS OF INSECTS AND RODENTS AT THE OPERATION AND IN SURROUNDING AREAS, INCLUDING, WITHOUT LIMITATION, LAND ON WHICH MANURE IS STORED OR APPLIED. THE PLAN SHALL CONFORM TO BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES. THE DIRECTOR SHALL APPROVE OR DENY THE PLAN NOT LATER THAN THIRTY DAYS FOLLOWING ITS RECEIPT AND MAY REQUIRE MODIFICATION OF THE PLAN AT THAT TIME OR A LATER TIME IN ACCORDANCE WITH RULES.

(C) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL OWN OR OPERATE A CONCENTRATED ANIMAL FEEDING OPERATION UNLESS AN INSECT AND RODENT CONTROL PLAN FOR THE OPERATION HAS BEEN APPROVED BY THE DIRECTOR.

(D) THE DIRECTOR SHALL ENFORCE AN INSECT AND RODENT CONTROL PLAN IN ACCORDANCE WITH RULES AND MAY ASSESS A CIVIL PENALTY IN ACCORDANCE WITH RULES AND SECTION 903.13 OF THE REVISED CODE AGAINST AN OWNER OF A CONCENTRATED ANIMAL FEEDING OPERATION WHO OPERATES IT WITHOUT A PLAN APPROVED BY THE DIRECTOR OR WHO VIOLATES THE OPERATION'S PLAN.

Sec. 903.09. ALL MONEY COLLECTED BY THE DIRECTOR OF AGRICULTURE FROM APPLICATION FEES UNDER SECTIONS 903.02 AND 903.06 OF THE REVISED CODE AND FROM CIVIL PENALTIES UNDER SECTION 903.13 OF THE REVISED CODE SHALL BE DEPOSITED IN THE LIVESTOCK MANAGEMENT FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL BE USED SOLELY IN THE ADMINISTRATION OF THIS CHAPTER.

Sec. 903.10. (A) A PERSON WHO IS AGGRIEVED OR ADVERSELY AFFECTED BY AN ALLEGED NUISANCE RELATED TO A CONCENTRATED ANIMAL FEEDING OPERATION MAY SUBMIT A COMPLAINT TO THE DIRECTOR OF AGRICULTURE ALLEGING THAT THE NUISANCE EXISTS. THE COMPLAINT SHALL BE IN WRITING, SIGNED BY THE PERSON MAKING IT, AND DATED.

(B) AFTER RECEIVING A WRITTEN, SIGNED, AND DATED COMPLAINT, THE DIRECTOR SHALL CAUSE AN INVESTIGATION TO BE CONDUCTED TO DETERMINE IF THE OWNER OR OPERATOR OF THE CONCENTRATED ANIMAL FEEDING OPERATION IS COMPLYING WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES. IF INFORMATION OBTAINED DURING THE INVESTIGATION REASONABLY LEADS THE DIRECTOR OR THE DIRECTOR'S DESIGNEE TO BELIEVE THAT THE SITUATION COMPLAINED OF MAY INVOLVE A VIOLATION OF THE FEDERAL WATER POLLUTION CONTROL ACT, THE DIRECTOR SHALL SO NOTIFY THE DIRECTOR OF ENVIRONMENTAL PROTECTION.

(C)(1) IF, UPON COMPLETION OF THE INVESTIGATION, THE DIRECTOR OF AGRICULTURE DETERMINES THAT THE OWNER OR OPERATOR IS IN COMPLIANCE WITH BEST MANAGEMENT PRACTICES, THE DIRECTOR SHALL DISMISS THE COMPLAINT AND NOTIFY THE COMPLAINANT AND THE OWNER OR OPERATOR OF THE DISMISSAL.

(2) IF THE DIRECTOR DETERMINES THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE, BOTH OF THE FOLLOWING APPLY:

(a) THE DIRECTOR SHALL ISSUE AN ORDER THAT DESCRIBES THE DEFICIENCIES RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT THE OWNER OR OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND THE TIME PERIOD WITHIN WHICH THE OWNER OR OPERATOR MUST CORRECT THE DEFICIENCIES AND ATTAIN COMPLIANCE WITH BEST MANAGEMENT PRACTICES.

(b) THE DIRECTOR MAY CONDUCT AN ADJUDICATION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE REGARDING THE ISSUE OF COMPLIANCE WITH BEST MANAGEMENT PRACTICES. IF THE ADJUDICATION CONFIRMS THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE, THE DIRECTOR MAY ASSESS A CIVIL PENALTY AGAINST THE OWNER OR OPERATOR IN AN AMOUNT ESTABLISHED IN RULES.

(D) IF THE OWNER OR OPERATOR FAILS TO ATTAIN COMPLIANCE WITHIN THE TIME PERIOD SPECIFIED IN THE ORDER, THE DIRECTOR SHALL CONDUCT AN ADJUDICATION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE REGARDING THE ISSUE OF COMPLIANCE WITH BEST MANAGEMENT PRACTICES. IF THE ADJUDICATION CONFIRMS THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE, THE DIRECTOR SHALL ASSESS A CIVIL PENALTY AGAINST THE OWNER OR OPERATOR IN AN AMOUNT ESTABLISHED IN RULES.

Sec. 903.11. IN A PRIVATE CIVIL ACTION FOR AN ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A CONCENTRATED ANIMAL FEEDING OPERATION, IT IS AN AFFIRMATIVE DEFENSE IF THE PERSON OWNING, OPERATING, OR OTHERWISE RESPONSIBLE FOR THE CONCENTRATED ANIMAL FEEDING OPERATION IS IN COMPLIANCE WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES AND THE AGRICULTURAL ACTIVITIES DO NOT VIOLATE FEDERAL, STATE, AND LOCAL LAWS GOVERNING NUISANCES.

Sec. 903.12. PRIOR TO FILING A PRIVATE CIVIL ACTION FOR AN ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A CONCENTRATED ANIMAL FEEDING OPERATION, THE PARTIES TO THE DISPUTE SHALL SUBMIT THE DISPUTE TO A MEDIATOR FOR MEDIATION. THE PARTIES SHALL PAY THE MEDIATOR A REASONABLE COMPENSATION BASED ON THE EXTENT AND DURATION OF ACTUAL SERVICE RENDERED. THE COST OF THE MEDIATOR'S SERVICES SHALL BE DIVIDED PROPORTIONATELY AMONG THE PARTIES.

IF THE DECISION REACHED BY THE MEDIATOR IS NOT ACCEPTED BY ALL PARTIES TO THE DISPUTE, THE COMPLAINING PARTIES MAY FILE A CIVIL ACTION AND THE CLAIM SHALL PROCEED AS IF IT HAD NOT BEEN SUBMITTED TO NONBINDING MEDIATION. THE DECISION OF THE MEDIATOR IS NOT ADMISSIBLE INTO EVIDENCE AT TRIAL.

Sec. 903.13. WHENEVER THE DIRECTOR OF AGRICULTURE, OR THE DIRECTOR'S DESIGNEE, HAS CAUSE TO BELIEVE THAT ANY PERSON HAS VIOLATED, OR IS VIOLATING, DIVISION (A) OF SECTION 903.06 OR DIVISION (C) OF SECTION 903.08 OF THE REVISED CODE, THE DIRECTOR OR THE DIRECTOR'S DESIGNEE MAY CONDUCT AN ADJUDICATION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF A VIOLATION HAS OCCURRED. IF THE DIRECTOR OR THE DIRECTOR'S DESIGNEE DETERMINES THAT THE PERSON HAS VIOLATED OR IS VIOLATING DIVISION (A) OF SECTION 903.06 OR DIVISION (C) OF SECTION 903.08 OF THE REVISED CODE, THE DIRECTOR MAY ASSESS A CIVIL PENALTY AGAINST THE PERSON.

A PERSON WHO HAS VIOLATED DIVISION (A) OF SECTION 903.06 OF THE REVISED CODE SHALL PAY A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION. A PERSON WHO HAS VIOLATED DIVISION (C) OF SECTION 903.08 OF THE REVISED CODE SHALL PAY, FOR EACH VIOLATION, A CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN RULES. IN THE CASE OF A VIOLATION OF DIVISION (A) OF SECTION 903.06 OF THE REVISED CODE, EACH THIRTY-DAY PERIOD DURING WHICH THE VIOLATION CONTINUES CONSTITUTES A SEPARATE VIOLATION. IN THE CASE OF A VIOLATION OF DIVISION (C) OF SECTION 903.08 OF THE REVISED CODE, EACH SEVEN-DAY PERIOD DURING WHICH THE VIOLATION CONTINUES CONSTITUTES A SEPARATE VIOLATION.

Sec. 903.14. (A)(1) AS USED IN DIVISION (A) OF THIS SECTION, "PERMIT" MEANS A PERMIT FOR THE INSTALLATION OF A DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL FEEDING OPERATION ISSUED UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR A PERMIT ISSUED UNDER SECTION 903.02 OF THE REVISED CODE.

(2) THE DIRECTOR OF AGRICULTURE, IN ACCORDANCE WITH AN ADJUDICATION CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, MAY ISSUE, MODIFY, OR REVOKE ORDERS AND ASSESS CIVIL PENALTIES TO ENSURE THAT THE OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION FOR WHICH A PERMIT HAS BEEN ISSUED COMPLIES WITH THE TERMS OF THE PERMIT, INCLUDING, BUT NOT LIMITED TO, THE MANURE MANAGEMENT PLAN. THE AMOUNT OF THE CIVIL PENALTIES SHALL BE ESTABLISHED IN RULES.

DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO ENFORCEMENT OF REQUIREMENTS GOVERNING LIVESTOCK MANAGER CERTIFICATION AND INSECT AND RODENT CONTROL PLANS. THOSE REQUIREMENTS SHALL BE ENFORCED IN ACCORDANCE WITH SECTIONS 903.06 AND 903.08, RESPECTIVELY, AND SECTION 903.13 OF THE REVISED CODE.

(B) ON THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY TO ENFORCE TERMS AND CONDITIONS OF PERMITS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE FOR THE INSTALLATION OF DISPOSAL SYSTEMS AT CONCENTRATED ANIMAL FEEDING OPERATIONS SHALL BE TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION TO THE DIRECTOR OF AGRICULTURE. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL HAVE NO AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF THOSE PERMITS, EXCEPT FOR ENFORCEMENT NECESSARY TO ENSURE COMPLIANCE WITH THE FEDERAL WATER POLLUTION CONTROL ACT.

Sec. 903.15. (A) THERE IS HEREBY CREATED THE CONCENTRATED ANIMAL FEEDING OPERATION ADVISORY COMMITTEE CONSISTING OF THE DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES, AND THE DEAN OF THE COLLEGE OF FOOD, AGRICULTURAL, AND ENVIRONMENTAL SCIENCES OF THE OHIO STATE UNIVERSITY, OR THEIR DESIGNEES, AS MEMBERS EX OFFICIO, AND SEVEN MEMBERS TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE. OF THE APPOINTED MEMBERS, ONE SHALL REPRESENT THE INTERESTS OF POULTRY PRODUCERS, ONE SHALL REPRESENT THE INTERESTS OF SWINE PRODUCERS, ONE SHALL REPRESENT THE INTERESTS OF DAIRY FARMERS, ONE SHALL REPRESENT THE INTERESTS OF BEEF CATTLE PRODUCERS, ONE SHALL REPRESENT THE INTERESTS OF SHEEP PRODUCERS, AND TWO SHALL REPRESENT THE INTERESTS OF THE PUBLIC. PRIOR TO MAKING AN APPOINTMENT OF A MEMBER REPRESENTING THE INTERESTS OF POULTRY, SWINE, BEEF CATTLE, OR SHEEP PRODUCERS OR DAIRY FARMERS, THE DIRECTOR SHALL SOLICIT FROM THE APPROPRIATE STATEWIDE TRADE ASSOCIATIONS A LIST OF SUGGESTED CANDIDATES TO REPRESENT THE INTERESTS OF THE SPECIES CATEGORY ON THE COMMITTEE.

NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR SHALL MAKE APPOINTMENTS TO THE COMMITTEE. OF THE INITIAL APPOINTMENTS, THREE SHALL BE FOR TERMS ENDING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, TWO SHALL BE FOR TERMS ENDING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND TWO SHALL BE FOR TERMS ENDING THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION. THEREAFTER, TERMS OF OFFICE SHALL BE FOR THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF THE SAME MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST.

THE COMMITTEE SHALL MEET AT TIMES THAT THE CHAIRPERSON OR A MAJORITY OF THE COMMITTEE MEMBERS CONSIDERS APPROPRIATE, PROVIDED THAT NO MEETING SHALL BE HELD ON THE CALL OF THE CHAIRPERSON UNLESS AT LEAST SEVEN DAYS' WRITTEN NOTICE FIRST IS PROVIDED TO ALL MEMBERS OF THE COMMITTEE. AT THE FIRST MEETING OF THE COMMITTEE IN EACH CALENDAR YEAR, THE DIRECTOR OF AGRICULTURE SHALL DESIGNATE ONE MEMBER OF THE COMMITTEE TO SERVE AS ITS CHAIRPERSON AND ONE MEMBER TO SERVE AS ITS VICE-CHAIRPERSON. A MAJORITY VOTE OF THE MEMBERS OF THE COMMITTEE IS NECESSARY TO TAKE ACTION ON ANY MATTER. A VACANCY ON THE COMMITTEE DOES NOT IMPAIR THE RIGHT OF THE OTHER MEMBERS TO EXERCISE ALL OF THE COMMITTEE'S POWERS.

SERVING AS AN APPOINTED MEMBER OF THE COMMITTEE DOES NOT CONSTITUTE HOLDING A PUBLIC OFFICE OR POSITION OF EMPLOYMENT UNDER THE LAWS OF THIS STATE AND DOES NOT CONSTITUTE GROUNDS FOR REMOVAL OF PUBLIC OFFICERS OR EMPLOYEES FROM THEIR OFFICES OR POSITIONS OF EMPLOYMENT. THE DIRECTOR OF AGRICULTURE, AFTER NOTICE AND A PUBLIC HEARING, MAY REMOVE ANY APPOINTED MEMBER OF THE COMMITTEE FOR MISFEASANCE, NONFEASANCE, OR MALFEASANCE IN OFFICE.

APPOINTED MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION FOR ATTENDING COMMITTEE MEETINGS. MEMBERS OF THE COMMITTEE SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES AS MEMBERS OF THE COMMITTEE.

(B) THE COMMITTEE MAY DO EITHER OR BOTH OF THE FOLLOWING:

(1) ADOPT, AMEND, AND RESCIND RULES OR PROCEDURES GOVERNING THE CONDUCT OF ITS INTERNAL AFFAIRS;

(2) REQUEST FROM THE DIRECTOR OF AGRICULTURE, AND THE DIRECTOR SHALL PROVIDE, MEETING SPACE, STAFF SUPPORT, SERVICES, AND DATA TO ENABLE IT TO CARRY OUT ITS FUNCTIONS.

(C) THE COMMITTEE SHALL DO ALL OF THE FOLLOWING:

(1) ADVISE THE DIRECTOR OF AGRICULTURE IN THE ADMINISTRATION OF THIS CHAPTER;

(2) KEEP ABREAST OF ADVANCES IN MANURE MANAGEMENT PRACTICES AND ANNUALLY ADVISE THE DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES OF THE RECENT ADVANCES IN THOSE AREAS AND REGARDING THE NEED FOR AMENDING WHAT CONSTITUTES BEST MANAGEMENT PRACTICES;

(3) IN CONSULTATION WITH THE DIRECTOR OF AGRICULTURE, PREPARE AND, UPON REQUEST, DISTRIBUTE WRITTEN MATERIALS DESIGNED TO ASSIST PERSONS WHO PROPOSE TO ESTABLISH A NEW OR MODIFY AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION IN APPLYING FOR A PERMIT UNDER SECTION 903.02 OF THE REVISED CODE. THE MATERIALS ALSO SHALL INCLUDE INFORMATION STATING THAT, IN ADDITION TO OBTAINING THAT PERMIT, IT MAY BE NECESSARY TO OBTAIN A PERMIT TO DISCHARGE UNDER DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE FOR THE DISCHARGE OF SANITARY SEWAGE, LIVESTOCK PRODUCT PROCESSING WASTES, OR STORM WATER INTO THE WATERS OF THE STATE AS WELL AS A GENERAL PERMIT ISSUED UNDER SECTION 6111.035 OF THE REVISED CODE GOVERNING STORM WATER. IN ADDITION, THE WRITTEN MATERIALS SHALL INCLUDE INFORMATION ON THE MEANING OF A "COMPLETE APPLICATION" FOR ALL OF THE PERMITS, INFORMATION ON THE PUBLIC HEARING PROCESS IN CONNECTION WITH THE RELEVANT PERMITS ISSUED UNDER CHAPTER 6111. OF THE REVISED CODE, AND A SUMMARY OF THE ANTIDEGRADATION POLICY ESTABLISHED UNDER SECTION 6111.12 OF THE REVISED CODE TOGETHER WITH AN INDICATION OF THE POSSIBILITY THAT THE OWNER'S OR OPERATOR'S PROPOSED NEW OR MODIFIED DISPOSAL SYSTEM FOR MANURE OR DISCHARGES MAY BE SUBJECT TO THAT POLICY.

(4) NOT LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, CONDUCT AN EXAMINATION OF THE SCIENTIFIC APPROPRIATENESS OF THE DEFINITION OF "ANIMAL UNIT" IN SECTION 903.01 of the Revised Code AND PREPARE AND SUBMIT TO THE GENERAL ASSEMBLY, THE GOVERNOR, AND THE DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES THE COMMITTEE'S FINDINGS AND ANY RECOMMENDATIONS FOR LEGISLATIVE CHANGES IN THAT DEFINITION THAT ARE NECESSARY OR APPROPRIATE TO REFLECT ON A MORE SCIENTIFIC BASIS MANURE GENERATION RATES AMONG LIVESTOCK SPECIES AND TYPES OF CONCENTRATED ANIMAL FEEDING OPERATIONS.

(D) SECTION 101.84 of the Revised Code DOES NOT APPLY TO THE COMMITTEE.

Sec. 903.99. WHOEVER VIOLATES DIVISION (B) OF SECTION 903.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE ON A FIRST OFFENSE, A MISDEMEANOR OF THE SECOND DEGREE ON A SECOND OFFENSE, AND A MISDEMEANOR OF THE FIRST DEGREE ON A THIRD OR SUBSEQUENT OFFENSE. EACH TEN-DAY PERIOD THAT THE OFFENSE CONTINUES CONSTITUTES A SEPARATE OFFENSE.

Sec. 1521.01. As used in sections 1521.01 to 1521.05 and 1521.13 to 1521.18 1521.19 of the Revised Code:

(A) "Consumptive use," "diversion," "Lake Erie drainage basin," "other great lakes states and provinces," "water resources," and "waters of the state" have the same meanings as in section 1501.30 of the Revised Code.

(B) "Well" means any excavation, regardless of design or method of construction, created for any of the following purposes:

(1) Removing ground water from or recharging water into an aquifer, excluding subsurface drainage systems installed to enhance agricultural crop production or urban or suburban landscape management or to control seepage in dams, dikes, and levees;

(2) Determining the quantity, quality, level, or movement of ground water in or the stratigraphy of an aquifer, excluding borings for instrumentation in dams, dikes, levees, or highway embankments;

(3) Removing or exchanging heat from ground water, excluding horizontal trenches that are installed for water source heat pump systems.

(C) "Aquifer" means a consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have the ability to receive, store, or transmit water.

(D) "Ground water" means all water occurring in an aquifer.

(E) "Ground water stress area" means a definable geographic area in which ground water quantity is being affected by human activity or natural forces to the extent that continuous availability of supply is jeopardized by withdrawals.

(F) "Person" has the same meaning as in section 1.59 of the Revised Code and also includes the United States, the state, any political subdivision of the state, and any department, division, board, commission, agency, or instrumentality of the United States, the state, or a political subdivision of the state.

(G) "State agency" or "agency of the state" has the same meaning as "agency" in section 111.15 of the Revised Code.

(H) "Development" means any artificial change to improved or unimproved real estate, including the construction of buildings and other structures, any substantial improvement of a structure, and mining, dredging, filling, grading, paving, excavating, and drilling operations.

(I) "Floodplain" means the area adjoining any river, stream, watercourse, or lake that has been or may be covered by flood water.

(J) "Floodplain management" means the implementation of an overall program of corrective and preventive measures for reducing flood damage, including the collection and dissemination of flood information, construction of flood control works, nonstructural flood damage reduction techniques, and adoption of rules, ordinances, or resolutions governing development in floodplains.

(K) "One-hundred-year flood" means a flood having a one per cent chance of being equaled or exceeded in any given year.

(L) "One-hundred-year floodplain" means that portion of a floodplain inundated by a one-hundred-year flood.

(M) "Structure" means a walled and roofed building, including, without limitation, gas or liquid storage tanks, mobile homes, and manufactured homes.

(N) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty per cent of the market value of the structure before the start of construction of the improvement. "Substantial improvement" includes repairs to structures that have incurred substantial damage regardless of the actual repair work performed. "Substantial improvement" does not include either of the following:

(1) Any project for the improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the state or local code enforcement official having jurisdiction and that are the minimum necessary to ensure safe living conditions;

(2) Any alteration of an historic structure designated or listed pursuant to federal or state law, provided that the alteration will not preclude the structure's continued listing or designation as an historic structure.

Sec. 1521.19. (A) AS USED IN THIS SECTION:

(1) "CONCENTRATED ANIMAL FEEDING OPERATION" HAS THE SAME MEANING AS IN SECTION 903.01 OF THE REVISED CODE.

(2) "POTENTIOMETRIC SURFACE" MEANS AN IMAGINARY SURFACE REPRESENTING THE TOTAL HEAD OF GROUND WATER WITHIN AN AQUIFER AND DEFINED BY THE LEVEL TO WHICH WATER WILL RISE IN CASED WELLS.

(3) "STATIC GROUND WATER LEVEL" MEANS THE DISTANCE FROM THE GROUND SURFACE TO THE GROUND WATER LEVEL WITHIN A WELL THAT IS NOT BEING AFFECTED BY PUMPING.

(4) "RADIUS OF INFLUENCE" MEANS THE AREA SURROUNDING THE PROPOSED GROUND WATER WITHDRAWAL WELLS OF A PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION WITHIN WHICH STATIC GROUND WATER LEVELS OF EXISTING WELLS MAY BE AFFECTED BY THE PROPOSED WELLS' WITHDRAWAL OF GROUND WATER.

(B) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE OWNER OR OPERATOR OF A PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION THAT WOULD HAVE A GROUND WATER WITHDRAWAL CAPACITY GREATER THAN ONE HUNDRED THOUSAND GALLONS PER DAY WHO HAS APPLIED FOR A PERMIT FOR THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION UNDER SECTION 903.02 OF THE REVISED CODE SHALL SUBMIT TO THE CHIEF OF THE DIVISION OF WATER FOR APPROVAL A WORK PLAN FOR COMPLETING A HYDROGEOLOGIC REPORT. THE WORK PLAN SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:

(1) THE RADIUS OF INFLUENCE WITHIN WHICH STATIC GROUND WATER LEVELS OF EXISTING WELLS WILL BE MEASURED. IN DETERMINING THE RADIUS OF INFLUENCE, THE WORK PLAN SHALL TAKE INTO ACCOUNT THE GEOLOGY OF THE SITE, THE LOCATION AND PROXIMITY OF SURROUNDING WELLS, KNOWN PHYSICAL PROPERTIES OF THE AQUIFERS INVOLVED, THE PUMPING RATE OF THE PROPOSED GROUND WATER WITHDRAWAL WELLS, AND ANY OTHER FACTORS THAT THE CHIEF CONSIDERS IMPORTANT.

(2) A LIST OF THE ENTITIES THAT HAVE A CAPACITY TO WITHDRAW MORE THAN ONE HUNDRED THOUSAND GALLONS PER DAY OF GROUND WATER WITHIN THE RADIUS OF INFLUENCE;

(3) THE TYPE AND SCALE OF THE TOPOGRAPHIC MAPS TO BE SUBMITTED IN THE HYDROGEOLOGIC REPORT;

(4) A DESCRIPTION OF THE GENERAL GEOGRAPHIC DISTRIBUTION OF WELLS WITHIN THE RADIUS OF INFLUENCE THAT SHOULD HAVE THE STATIC GROUND WATER LEVELS MEASURED AND THE METHODOLOGY USED TO DETERMINE THE DISTRIBUTION;

(5) ANY OTHER INFORMATION THAT THE CHIEF CONSIDERS NECESSARY.

THE CHIEF SHALL REVIEW AND EITHER APPROVE THE WORK PLAN OR RETURN IT WITH A DESCRIPTION OF ITS DEFICIENCIES TO THE OWNER OR OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION NOT LATER THAN FOURTEEN DAYS AFTER ITS RECEIPT. IF THE CHIEF RETURNS THE WORK PLAN, THE OWNER OR OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION SHALL REVISE AND RESUBMIT THE WORK PLAN AND OBTAIN THE CHIEF'S APPROVAL BEFORE PROCEEDING WITH THE HYDROGEOLOGIC REPORT REQUIRED UNDER DIVISION (C) OF THIS SECTION. IN THE SOLE DISCRETION OF THE CHIEF OR THE CHIEF'S REPRESENTATIVE, THE CHIEF OR THE CHIEF'S REPRESENTATIVE MAY ASSIST, AT THE REQUEST OF THE OWNER OR OPERATOR, THE OWNER OR OPERATOR WITH THE DESIGN AND IMPLEMENTATION OF THE WORK PLAN.

PRIOR TO SUBMITTING THE HYDROGEOLOGIC REPORT, THE OWNER OR OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION SHALL MAKE A GOOD FAITH EFFORT TO MEASURE THE STATIC GROUND WATER LEVELS OF WELLS WITHIN THE RADIUS OF INFLUENCE IN ACCORDANCE WITH THE APPROVED WORK PLAN. THE CHIEF SHALL DETERMINE WHAT CONSTITUTES A GOOD FAITH EFFORT.

(C) BASED ON THE INFORMATION IN THE APPROVED WORK PLAN, THE OWNER OR OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION SHALL PREPARE AND SUBMIT TO THE CHIEF FOR REVIEW A HYDROGEOLOGIC REPORT. THE REPORT SHALL INCLUDE ALL OF THE FOLLOWING:

(1) TOPOGRAPHIC MAPS SHOWING THE LOCATION AND IDENTIFICATION NUMBER OF THE WELLS WITHIN THE RADIUS OF INFLUENCE THAT ARE PHYSICALLY ACCESSIBLE OR IN WHICH STATIC GROUND WATER LEVELS HAVE BEEN MEASURED;

(2) IN THE CASE OF WELLS WITHIN THE RADIUS OF INFLUENCE IN WHICH STATIC GROUND WATER LEVELS HAVE BEEN MEASURED, STATIC GROUND WATER LEVEL DATA IN A TABULAR FORM, INCLUDING, WITHOUT LIMITATION, THE DATE AND TIME OF THE STATIC GROUND WATER LEVEL MEASUREMENT, THE ADDRESS AT WHICH THE WELL IS LOCATED, THE WELL IDENTIFICATION NUMBER, AND THE STATIC GROUND WATER LEVEL MEASUREMENT IN THE WELL;

(3) A POTENTIOMETRIC SURFACE MAP OF THE AREA WITHIN THE RADIUS OF INFLUENCE THAT HAS BEEN CONSTRUCTED USING THE STATIC GROUND WATER LEVEL MEASUREMENTS;

(4) A BRIEF DESCRIPTION OF THE CHARACTERISTICS OF AQUIFERS THAT ARE LIKELY TO BE IMPACTED BY THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION'S WITHDRAWAL OF GROUND WATER;

(5) ANY OTHER INFORMATION THAT THE CHIEF CONSIDERS NECESSARY.

THE CHIEF SHALL REVIEW AND EITHER APPROVE THE HYDROGEOLOGIC REPORT OR RETURN IT WITH A DESCRIPTION OF ITS DEFICIENCIES NOT LATER THAN FOURTEEN DAYS AFTER ITS RECEIPT. IF THE CHIEF RETURNS THE REPORT, THE OWNER OR OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION SHALL REVISE AND RESUBMIT THE REPORT. UPON APPROVING A HYDROGEOLOGIC REPORT FOR A PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION FOR WHICH A PERMIT IS REQUIRED UNDER SECTION 903.02 OF THE REVISED CODE, THE CHIEF SHALL NOTIFY THE DIRECTOR OF AGRICULTURE OF THE APPROVAL IN WRITING. THE REPORT SHALL BE CONSIDERED THE FINAL HYDROGEOLOGIC REPORT UPON ITS APPROVAL BY THE CHIEF.

(D) THE CHIEF MAY ADOPT, AMEND, AND RESCIND RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ARE NECESSARY FOR IMPLEMENTATION OF THIS SECTION.

Sec. 5516.061. No advertising device shall be erected outside of urban areas between six hundred sixty feet and three thousand feet of the right-of-way of the main traveled way of a highway on the interstate or primary system if such THE device would be visible from such THE main traveled way, except the following:

(A) Directional and official signs and notices that conform to rules adopted by the director of transportation;

(B) Signs advertising the sale or lease of the property upon which they are located;

(C) Advertising devices indicating the name of the business, activities, or profession conducted on such THE property or that identify the goods produced, GOODS sold, or services rendered on such THE property and that conform to rules adopted by the director;

(D) Signs lawfully in existence on October 22, 1965, that the director, subject to the approval of the secretary of the United States department of transportation, has determined to be landmark signs, including signs on farm structures or natural surfaces, which THAT are of historic or artistic significance;

(E) SIGNS THAT ADVISE THE PUBLIC THAT AGRICULTURAL ACTIVITIES OCCUR ON THE PROPERTY WHERE THE SIGN IS LOCATED.

Any advertising device lawfully in existence prior to November 28, 1975, or lawfully on any highway made a part of the interstate or primary system on or after that date, the erection of which would be illegal under this section, is nonconforming, and may be maintained subject to the permit provisions of section 5516.10 of the Revised Code.

As used in this section, "urban area" means an urbanized area or an urban place as designated by the bureau of the census having a population of five thousand or more, and within boundaries approved by the United States secretary of transportation.

Sec. 6111.03. The director of environmental protection may do any of the following:

(A) Develop plans and programs for the prevention, control, and abatement of new or existing pollution of the waters of the state;

(B) Advise, consult, and cooperate with other agencies of the state, the federal government, other states, and interstate agencies and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter. Before adopting, amending, or rescinding a standard or rule pursuant to division (G) of this section or section 6111.041 or 6111.042 of the Revised Code, the director shall do all of the following:

(1) Mail notice to each statewide organization that he THE DIRECTOR determines represents persons who would be affected by the proposed standard or rule, amendment thereto, or rescission thereof at least thirty-five days before any public hearing thereon;

(2) Mail a copy of each proposed standard or rule, amendment thereto, or rescission thereof to any person who requests a copy, within five days after receipt of the request therefor;

(3) Consult with appropriate state and local government agencies or their representatives, including statewide organizations of local government officials, industrial representatives, and other interested persons.

Although the director is expected to diligently discharge these duties DILIGENTLY, failure to mail any such notice or copy or to so consult with any person shall not invalidate any proceeding or action of the director.

(C) Administer grants from the federal government and from other sources, public or private, for carrying out any of its functions, all such moneys to be deposited in the state treasury and kept by the treasurer of state in a separate fund subject to the lawful orders of the director;

(D) Administer state grants for the construction of sewage and waste collection and treatment works;

(E) Encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution, and the causes, prevention, control, and abatement thereof, as is ARE advisable and necessary for the discharge of his THE DIRECTOR'S duties under this chapter;

(F) Collect and disseminate information relating to water pollution and prevention, control, and abatement thereof;

(G) Adopt, amend, and rescind rules in accordance with Chapter 119. of the Revised Code governing the procedure for hearings, the filing of reports, the issuance of permits, the issuance of industrial water pollution control certificates, and all other matters relating to procedure;

(H) Issue, modify, or revoke orders to prevent, control, or abate water pollution as follows:

(1) Prohibiting or abating discharges of sewage, industrial waste, or other wastes into the waters of the state;

(2) Requiring the construction of new disposal systems or any parts thereof, or the modification, extension, or alteration of existing disposal systems or any parts thereof;

(3) Prohibiting additional connections to or extensions of a sewerage system when the connections or extensions would result in an increase in the polluting properties of the effluent from the system when discharged into any waters of the state;

(4) Requiring compliance with any standard or rule adopted under section 6111.041 or 6111.042 of the Revised Code, or term or condition of a permit.

In the making of those orders, wherever compliance with a rule adopted under section 6111.042 of the Revised Code is not involved, consistent with the "Federal Water Pollution Control Act," the director shall give consideration to, and base his THE determination on, evidence relating to the technical feasibility and economic reasonableness of complying with those orders and to evidence relating to conditions calculated to result from compliance with those orders, and their relation to benefits to the people of the state to be derived from such compliance in accomplishing the purposes of this chapter.

(I) Review plans, specifications, or other data relative to disposal systems or any part thereof in connection with the issuance of orders, permits, and industrial water pollution control certificates under this chapter;

(J)(1) Issue, revoke, modify, or deny permits for the discharge of sewage, industrial waste, or other wastes into the waters of the state, and for the installation or modification of disposal systems or any parts thereof in compliance with all requirements of the "Federal Water Pollution Control Act" and mandatory regulations adopted thereunder, and set terms and conditions of permits, including schedules of compliance, where necessary. The OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION THAT IS SUBJECT TO CHAPTER 903. OF THE REVISED CODE IS NOT REQUIRED TO OBTAIN AN INSTALLATION PERMIT UNDER DIVISION (J)(1) OF THIS SECTION, BUT MAY BE REQUIRED BY THE DIRECTOR TO OBTAIN A PERMIT FOR THE DISCHARGE OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTE OR TO COMPLY WITH THE REQUIREMENTS OF A GENERAL PERMIT ISSUED UNDER SECTION 6111.035 OF THE REVISED CODE, AS APPLICABLE.

ANY PERMIT terms and conditions SET BY THE DIRECTOR shall be designed to achieve and maintain full compliance with the national effluent limitations, national standards of performance for new sources, and national toxic and pretreatment effluent standards set under that act, and any other mandatory requirements of that act that are imposed by regulation of the administrator of the United States environmental protection agency. An application for a permit or renewal thereof shall be denied if any of the following applies:

(1)(a) The secretary of the army determines in writing that anchorage or navigation would be substantially impaired thereby;

(2)(b) The director determines that the proposed discharge or source would conflict with an area wide AREAWIDE waste treatment management plan adopted in accordance with section 208 of the "Federal Water Pollution Control Act";

(3)(c) The administrator of the United States environmental protection agency objects in writing to the issuance or renewal of the permit in accordance with section 402 (d) of the "Federal Water Pollution Control Act";

(4)(d) The application is for the discharge of any radiological, chemical, or biological warfare agent, or high-level radioactive waste into the waters of the United States.

(2) To achieve and maintain applicable standards of quality for the waters of the state adopted pursuant to section 6111.041 of the Revised Code, the director shall impose, where necessary and appropriate, as conditions of each permit, water quality related effluent limitations in accordance with sections 301, 302, 306, and 307 of the "Federal Water Pollution Control Act" and, to the extent consistent with that act, shall give consideration to, and base his THE determination on, evidence relating to the technical feasibility and economic reasonableness of removing the polluting properties from those wastes and to evidence relating to conditions calculated to result from that action and their relation to benefits to the people of the state and to accomplishment of the purposes of this chapter.

(3) Where a discharge having a thermal component from a source that is constructed or modified on or after October 18, 1972, meets national or state effluent limitations or more stringent permit conditions designed to achieve and maintain compliance with applicable standards of quality for the waters of the state, which limitations or conditions will ensure protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in or on the body of water into which the discharge is made, taking into account the interaction of the thermal component with sewage, industrial waste, or other wastes, the director shall not impose any more stringent limitation on the thermal component of the discharge, as a condition of a permit or renewal thereof for the discharge, during a ten-year period beginning on the date of completion of the construction or modification of the source, or during the period of depreciation or amortization of the source for the purpose of section 167 or 169 of the Internal Revenue Code of 1954, whichever period ends first.

(4) The director shall specify in permits for the discharge of sewage, industrial waste, and other wastes, the net volume, net weight, duration, frequency, and, where necessary, concentration of the sewage, industrial waste, and other wastes that may be discharged into the waters of the state. The director shall specify in those permits that the permit is conditioned upon payment of applicable fees as required by section 3745.11 of the Revised Code and upon the right of his THE DIRECTOR'S authorized representatives to enter upon the premises of the person to whom the permit has been issued for the purpose of determining compliance with this chapter, rules adopted thereunder, or the terms and conditions of a permit, order, or other determination. The director shall issue or deny an application for a permit for a new discharge, for the installation or modification of a disposal system, or for renewal of a permit, within one hundred eighty days of the date on which he receives a complete application with all plans, specifications, construction schedules, and other pertinent information required by the director IS RECEIVED. The

(5) THE director may condition permits upon the installation of discharge or water quality monitoring equipment or devices and the filing of such periodic reports on the amounts and contents of discharges and the quality of receiving waters as THAT the director prescribes. The director shall condition each permit for a government-owned disposal system or any other publicly owned "treatment works" as defined in the "Federal Water Pollution Control Act" upon the reporting of new introductions of industrial waste or other wastes and substantial changes in volume or character thereof being introduced into those systems or works from "industrial users" as defined in section 502 of that act, as necessary to comply with section 402(b)(8) of that act; upon the identification of the character and volume of pollutants subject to pretreatment standards being introduced into the system or works; and upon the existence of a program to ensure compliance with pretreatment standards by "industrial users" of the system or works. In requiring monitoring devices and reports, the director, to the extent consistent with the "Federal Water Pollution Control Act," shall give consideration to technical feasibility and economic reasonableness and shall allow reasonable time for compliance. A

(6) A permit may be issued for a period not to exceed five years, and may be renewed upon application for renewal and upon a finding by the director that the permit holder is making satisfactory progress toward the achievement of all applicable standards and has complied with the terms and conditions of the existing permit. A permit may be modified, suspended, or revoked for cause, including, but not limited to, violation of any condition of the permit, obtaining a permit by misrepresentation or failure to disclose fully all relevant facts, or changes in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. No application shall be denied or permit revoked or modified without a written order stating the findings upon which the denial, revocation, or modification is based. A copy of the order shall be sent to the applicant or permit holder by certified mail.

(K) Institute or cause to be instituted in any court of competent jurisdiction proceedings to compel compliance with this chapter or with the orders of the director issued under this chapter, or to ensure compliance with sections 204(b), 307, and 308 of the "Federal Water Pollution Control Act";

(L) Issue, deny, revoke, or modify industrial water pollution control certificates;

(M) Certify to the government of the United States or any agency thereof that an industrial water pollution control facility is in conformity with the state program or requirements for control of water pollution whenever the certification may be required for a taxpayer under the Internal Revenue Code of the United States, as amended;

(N) Issue, modify, and revoke orders requiring any "industrial user" of any publicly owned "treatment works" as defined in sections 212(2) and 502(18) of the "Federal Water Pollution Control Act" to comply with pretreatment standards; establish and maintain records; make reports; install, use, and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods; sample discharges in accordance with such THE methods, at such THE locations, at such THE intervals, and in such THE manner as THAT the director determines; and provide such other information as THAT is necessary to ascertain whether or not there is compliance with toxic and pretreatment effluent standards. In issuing, modifying, and revoking those orders, the director, to the extent consistent with the "Federal Water Pollution Control Act," shall give consideration to technical feasibility and economic reasonableness and shall allow reasonable time for compliance.

(O) Exercise all incidental powers necessary to carry out the purposes of this chapter;

(P) Certify or deny certification to any applicant for a federal license or permit to conduct any activity that may result in any discharge into the waters of the state that the discharge will comply with the "Federal Water Pollution Control Act";

(Q) Administer and enforce the publicly owned treatment works pretreatment program in accordance with the "Federal Water Pollution Control Act." In the administration of that program, the director may do any of the following:

(1) Apply and enforce pretreatment standards;

(2) Approve and deny requests for approval of publicly owned treatment works pretreatment programs, oversee those programs, and implement, in whole or in part, those programs under any of the following conditions:

(a) The director has denied a request for approval of the publicly owned treatment works pretreatment program;

(b) The director has revoked the publicly owned treatment works pretreatment program;

(c) There is no pretreatment program currently being implemented by the publicly owned treatment works;

(d) The publicly owned treatment works has requested the director to implement, in whole or in part, the pretreatment program.

(3) Require that a publicly owned treatment works pretreatment program be incorporated in a permit issued to a publicly owned treatment works as required by the "Federal Water Pollution Control Act," require compliance by publicly owned treatment works with those programs, and require compliance by industrial users with pretreatment standards;

(4) Approve and deny requests for authority to modify categorical pretreatment standards to reflect removal of pollutants achieved by publicly owned treatment works;

(5) Deny and recommend approval of requests for fundamentally different factors variances submitted by industrial users;

(6) Make determinations on categorization of industrial users;

(7) Adopt, amend, or rescind rules and issue, modify, or revoke orders necessary for the administration and enforcement of the publicly owned treatment works pretreatment program.

Any approval of a publicly owned treatment works pretreatment program may contain any terms and conditions, including schedules of compliance, that are necessary to achieve compliance with this chapter.

(R) Except as otherwise provied PROVIDED in this division, adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures, methods, and equipment and other requirements for equipment to prevent and contain discharges of oil and hazardous substances into the waters of the state. The rules shall be consistent with and equivalent in scope, content, and coverage to section 311(j)(1)(c) of the "Federal Water Pollution Control Act" and regulations adopted under it. The director shall not adopt rules under this division relating to discharges of oil from oil production facilities and oil drilling and workover facilities as those terms are defined in that act and regulations adopted under it.

This chapter authorizes the state to participate in the national pollutant discharge elimination system, to administer and enforce the publicly owned treatment works pretreatment program, and to issue permits for the discharge of dredged or fill materials, in accordance with the "Federal Water Pollution Control Act." This chapter shall be administered, consistent with the laws of this state and federal law, in the same manner that the "Federal Water Pollution Control Act" is required to be administered.

This section does not apply to animal waste treatment or disposal works SYSTEMS and related management and conservation practices subject to rules adopted pursuant to division (E)(4) of section 1511.02 of the Revised Code and involving less than one thousand animal units, as "animal units" is defined in the United States environmental protection agency regulations SECTION 903.01 OF THE REVISED CODE. This exclusion does not apply to animal waste treatment works DISPOSAL SYSTEMS having a controlled direct discharge to the waters of the state or to the discharge of animal waste into a publicly owned treatment works.

Sec. 6111.04. No person shall cause pollution or place or cause to be placed any sewage, industrial waste, or other wastes in a location where they cause pollution of any waters of the state, and any. ANY such action is hereby declared to be a public nuisance, except in such cases where the director of environmental protection has issued a valid and unexpired permit, or renewal thereof, as provided in sections 6111.01 to 6111.08 of the Revised Code, or an application for renewal is pending.

No person to whom a permit has been issued shall place or discharge, or cause to be placed or discharged, in any waters of the state any sewage, industrial waste, or other wastes in excess of the permissive discharges specified under such THE existing permit without first receiving a permit from the director to do so.

No person who is discharging or causing the discharge of any sewage, industrial waste, or other wastes into the waters of the state shall continue or cause the continuance of such THE discharge, without first obtaining a permit therefore THEREFOR issued by the director. The director shall prescribe by rule a reasonable filing period within which applications may be filed to obtain permits for existing discharges that have not been authorized by A permit.

The director may require the submission of such plans, specifications, and other information as he deems THAT THE DIRECTOR CONSIDERS relevant in connection with the issuance of permits.

This section does not apply to ANY OF THE FOLLOWING:

(A) Waters used in washing sand, gravel, other aggregates, or mineral products, when such THE washing and the ultimate disposal of the water used in such THE washing, including any sewage, industrial waste, or other wastes contained in such THE waters, are entirely confined to the land under the control of the person engaged in the recovery and processing of such THE sand, gravel, other aggregates, or mineral products, and do not result in the pollution of waters of the state;

(B) Water, gas, or other material injected into a well to facilitate, or which THAT is incidental to, the production of oil, gas, artificial brine, or water derived in association with oil or gas production and disposed of in a well, in compliance with a permit issued under Chapter 1509. of the Revised Code, or sewage, industrial waste, or other wastes injected into a well in compliance with an injection well operating permit. This division does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, regulation of the United States environmental protection agency.

(C) Application of any materials to land for agricultural purposes or runoff of such THOSE materials from such THAT application or pollution by animal waste or soil sediment, including attached substances, resulting from farming, silvicultural, or earthmoving activities regulated by Chapter 307. or 1515. of the Revised Code. This division does not authorize, without a permit, any discharge from a treatment works for treating animal wastes having a controlled direct discharge into the waters of the state, or any discharge that is prohibited by, or for which a permit is required by, regulation of the United States environmental protection agency.

(D) The excrement of domestic and farm animals defecated on land or runoff therefrom into any waters of the state. This division does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, SECTION 6111.03 OF THE REVISED CODE OR regulation of the United States environmental protection agency.

(E) The discharge of sewage, industrial waste, or other wastes into a sewerage system tributary to a treatment works. This division does not authorize any discharge into a publicly owned treatment works in violation of a pretreatment program applicable to such THE publicly owned treatment works.

(F) Septic tanks or any other disposal systems for the disposal or treatment of sewage from single-family, two-family, or three-family dwellings in compliance with the sanitary code and section 1541.21 or 3707.01 of the Revised Code. This division does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, regulation of the United States environmental protection agency.

The holder of a permit issued under section 402 (a) of the "Federal Water Pollution Control Act" need not obtain a permit for a discharge authorized by such THAT permit until its expiration date. The director of environmental protection shall administer and enforce such permits within this state, and may modify the terms and conditions thereof in accordance with division (J) of section 6111.03 of the Revised Code.

Sec. 6111.44. (A) Except as otherwise provided in DIVISION (B) OF THIS SECTION, IN section 6111.14 of the Revised Code, or in rules adopted under division (G) of section 6111.03 of the Revised Code, no municipal corporation, county, public institution, corporation, or officer or employee thereof, or other person shall provide or install sewerage or treatment works for sewage disposal, or make a change in any sewerage or sewage treatment works until the plans therefor have been submitted to and approved by the director of environmental protection. Sections 6111.44 to 6111.46 of the Revised Code apply to sewerage and treatment works for sewage of a municipal corporation or part thereof, an unincorporated community, a county sewer district, or other land outside of a municipal corporation or any publicly or privately owned building or group of buildings or place, used for the assemblage, entertainment, recreation, education, correction, hospitalization, housing, or employment of persons, but do not apply to sewerage or treatment works for sewage installed or to be installed for the use of a private residence or dwelling, or to animal waste treatment or disposal works and related management and conservation practices subject to rules adopted pursuant to division (E)(4) of section 1511.02 of the Revised Code and involving less than one thousand animal units as animal units are defined in the United States environmental protection agency regulations. This exclusion does not apply to animal waste treatment works having a controlled direct discharge to waters of the state.

In granting an approval, the director of environmental protection may stipulate such modifications, conditions, and rules as THAT the public health and prevention of pollution may require. Any action taken by the director shall be a matter of public record and shall be entered in his THE DIRECTOR'S journal. Each period of thirty days that a violation of this section continues, after a conviction for such THE violation, constitutes a separate offense.

(B) SECTIONS 6111.45 AND 6111.46 OF THE REVISED CODE AND DIVISION (A) OF THIS SECTION DO NOT APPLY TO ANY OF THE FOLLOWING:

(1) SEWERAGE OR TREATMENT WORKS FOR SEWAGE INSTALLED OR TO BE INSTALLED FOR THE USE OF A PRIVATE RESIDENCE OR DWELLING;

(2) ANIMAL WASTE DISPOSAL SYSTEMS AND RELATED MANAGEMENT AND CONSERVATION PRACTICES THAT ARE SUBJECT TO RULES ADOPTED UNDER DIVISION (E)(4) OF SECTION 1511.02 OF THE REVISED CODE AND INVOLVING LESS THAN ONE THOUSAND ANIMAL UNITS AS DEFINED IN SECTION 903.01 OF THE REVISED CODE. THE EXCLUSION ESTABLISHED UNDER DIVISION (B)(2) OF THIS SECTION DOES NOT APPLY TO ANIMAL WASTE DISPOSAL SYSTEMS HAVING A CONTROLLED DIRECT DISCHARGE TO WATERS OF THE STATE.

(3) CONCENTRATED ANIMAL FEEDING OPERATIONS FOR WHICH A PERMIT IS REQUIRED UNDER SECTION 903.02 OF THE REVISED CODE. THE EXCLUSION ESTABLISHED UNDER DIVISION (B)(3) OF THIS SECTION DOES NOT RELIEVE THE OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION FROM ANY REQUIREMENT TO OBTAIN A PERMIT FOR THE DISCHARGE OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTE UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE OR TO COMPLY WITH THE REQUIREMENTS OF A GENERAL PERMIT ISSUED UNDER SECTION 6111.035 OF THE REVISED CODE, AS APPLICABLE.


Section 2. That existing sections 1521.01, 5516.061, 6111.03, 6111.04, and 6111.44 of the Revised Code are hereby repealed.


Section 3. All items in this section are hereby appropriated as designated out of any moneys in the state treasury to the credit of the General Revenue Fund. For all appropriations made in this act, those in the first column are for fiscal year 2000 and those in the second column are for fiscal year 2001. The appropriations made in this act are in addition to any other appropriations made for the 1999-2001 biennium.


AGR DEPARTMENT OF AGRICULTURE

General Revenue Fund
GRF700-414Concentrated Animal Feeding Operation Advisory Committee$25,000$25,000
TOTAL GRF General Revenue Fund$25,000$25,000
TOTAL ALL BUDGET FUND GROUPS$25,000$25,000

Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act and shall determine the form and manner in which appropriation accounts shall be maintained. Expenditures from appropriations contained in this act shall be accounted for as though made in Sub. H.B. 283 of the 123rd General Assembly.

The appropriations made in this act are subject to all provisions of Sub. H.B. 283 of the 123rd General Assembly that are generally applicable to such appropriations.


Section 4. As used in this section, "concentrated animal feeding operation" has the same meaning as in section 903.01 of the Revised Code, as enacted by this act.

On the effective date of this act, the Director of Environmental Protection shall provide the Director of Agriculture with copies of all permits issued under division (J)(1) of section 6111.03 of the Revised Code for the installation of disposal systems at concentrated animal feeding operations that are operating on that date together with any related information that the Director of Agriculture requests.


Section 5. The codified and uncodified sections of law contained in this act are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the codified and uncodified sections of law contained in this act go into immediate effect when this act becomes law.
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